662911-1888-Chinese-Emigration-Consolidation-Bill — Page 27

1056 THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888.

Evidence in

CBS08 of

receiving

stolen

property. (34 and 35

V c. 112 s. 19.)

Documents of public nature. (No. 8 of 1859 s. 8, 14 and 15 V. c. 99 s. 14.)

Official docu- ments.

(8 and 9

V. c. 113 g. 1)

Affidavits, &c. taken before Ambassadors, &c. abroad may be used in Supreme Court, (18 and 19 V, c. 12 8. 2.)

Banker's book copy of entry evidence.

(No. 3 of 1885, 38. 2, 3, 4 & 5.)

the same, may be submitted to the Court and jury (if any) as evidence of the genuineness, or otherwise, of the writing in dispute.

18. Where proceedings are taken against any person for having received goods knowing them to be stolen, or for having in his possession stolen property, evidence may be given at any stage of the proceedings that there was found in the possession of such person other property stolen within the preceding period of twelve months, and such evidence may be taken into consideration for the purpose of proving that such person knew the property to be stolen which forms the subject of the proceedings taken against him. Where proceedings are taken against any person for having received goods knowing them to be stolen, or for having in his possession stolen property, and evidence has been given that the stolen property, has been found in his possession, thon if such person has within five years immediately preceding been convicted of any offence involving fraud or dishonesty, evidence of such previous conviction may be given at any stage of the proceedings, and may be taken into considera- tion for the purpose of proving that the person accused knew the property which was proved to be in his possession to have been stolen; provided that reasonable notice in writing shall have been given of such previous con- viction; and it shall not be necessary for the purposes of this section to charge in the information the previous conviction of the person so accused.

PART III.-Documents Admissible.

19. Whenever any book or other document is of such a public nature as to be admissible in evidence on its merc production from the proper custody, and no Statute or Ordi- nance in force in the Colony exists which renders its con- tents provable by means of a copy, any copy thereof or extract therefrom shall be admissible in evidence in the Court provided it be proved to be an examined copy or extract, or provided it purport to be signed and certified as a true copy or extract by the officer to whose custody the original is entrusted, and which officer is hereby required to furnish such certified copy or extract to any person ap- plying at a reasonable time for the same, upon payment of a reasonable sum for the saine, not exceeding for every folio of ninety words.

cents

20. Whenever by any Statute or Ordinance now or here- after to be in force in the Colony any certificate official or public document, or proceeding of any corporation or joint stock or other company or any certified copy of any docu- ment, byc-law, entry in any register or other book or of any other proceeding shall be receiveable in evidence of any particular in the Court or before the Legislative Council of the Colony or any Committee thereof the same shall respectively be admitted in evidence provided they respec- tively purport to be sealed or impressed with a stamp or sealed and signed or signed alone as required or impressed with a stamp and signed as directed by the respective Statutes or Ordinances made or hereafter to be made without any proof of the scal or stamp where a seal or stamp is necessary or of the signature or of the official character of the person appearing to have signed the same and without any further proof thereof in every case in which the original record could have been received in evidence.

21. Affidavits, affirmations and notarial acts taken and made under the Act of King George the fourth, chapter eighty-seven or under the Act of the 18th and 19th years of Her present Majesty, chapter forty-two, shall and may be received, read and made use of in and before any Court of law or equity or other judicature whatever in the Colony and the judges and officers thereof, in or in relation to any suit, cause, matter, or proceeding in or before any such court or judicature in like manner, and shall be of the same force and effect, as affidavits and affirmations taken in or before such court or judicature, or by any person duly commissioned or authorized by such court of judica- ture to take such affidavits or affirmations, and shall be filed and dealt with accordingly.

22. Subject to the provisions of this section a copy of an cntry in a banker's book shall in all proceedings be received as primâ fucie evidence of such entry and of the matters, transactions and accounts therein recorded,-

(1.) Provided that such book was at the time of making the entry one of the ordinary books of the bank and that the entry was made in the usual · and ordinary course of business and the book is in the custody or control of the bank; such proof

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